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(영문) 전주지방법원 군산지원 2017.09.20 2017고단831
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 25, 2009, the Defendant was sentenced to a fine of KRW 1.5 million for a crime of violating road traffic law (drinking) in the Jeonju District Court's Militarysan Branch on June 25, 2009, and a person who drinking alcohol on at least two occasions by imprisonment with labor for the same crime in the same court on May 11, 2012.

1. On April 15, 2017, the Defendant: (a) around 04:32, the Defendant driven Cho-do car under the influence of alcohol concentration of approximately 0.154% in the section of approximately 20 K m of alcohol from the front line of the influent restaurant, Songcheon-dong, Jeoncheon-si, Seoul, to the influence of the industry from the front line to the influent intersection of the university road in the Jeoncheon-si, Jeoncheon-si, Seoul Special Metropolitan City.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

2. The Defendant is a person who is engaged in driving a motor vehicle for a franchise in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

The defendant was driving the above car at the time of the day set forth in paragraph 1 and was in the operation of the Gun mountain direction from the two-lanes to the Gun mountain direction in the middle of the 2-lanes of the Donsan Industrial Road in the Donsan-si of the Seoul Metropolitan City.

At that time, since it is a night and an exclusive road for motor vehicles, the driver of the motor vehicle had a duty of care to prevent accidents by properly manipulating the operation and steering gear and properly manipulating the operation and steering gear.

Nevertheless, the Defendant, while under the influence of alcohol content 0.154% in blood, fluored red at the inside in the state of alcohol, and fluorously driven the said car under the influence of alcohol such as walking, etc. in a state where it is impossible to drive the car normally due to the influence of alcohol due to the influence of alcohol such as walking, etc. while walking, and neglected to drive the said car on the front side, and received the back portion of the fluor vehicle under the influence of the Defendant’s vehicle in front of the Defendant’s vehicle.

Ultimately, the Defendant is under the influence of drinking under the influence of alcohol.

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